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Agenda 01/11/2011 Item #16D 5 Agenda Item No. 16D5 January 11, 2011 Page 1 of 36 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign six (6) Satisfactions of Mortgage for owner occupied affordable housing dwelling units that have been repaid in full to Collier County. OBJECTIVE: Approve and authorize the Chairman to sign Satisfactions of Mortgage for owner occupied affordable housing dwelling units that have been repaid in full to Collier County. CONSIDERA TIONS: Recipients of affordable housing assistance are required to repay the County upon sale, refinance or loss of homestead exemption. Evidence of repayment is attached as backup material to this item. The following table provides a detailed account of the funds repaid as required. Name(s) Property Assistance Public Record Description Provided Luz Velasquez Lot 71, Trail Ridge $3,000.00 OR 4479, PG 1118 Ernest Etienne and Dina Etienne Lot 114, Liberty $20,250.00 OR 4417, PG 0800 Lindor Landing Cesar H. Castellanos Florez and Lot 48, Charlee $23,750.00 OR 4269, PG 1345 Claudia R. Sanchez Calderon Estates Rigoberto Tovar and Odette Lot 27, Elk A, $20,000.00** OR 4213, PG 1630 Tovar Habitat Village Victoria Martin (maiden name Lot 2, Blk 1, Gulf $4,640.00 OR 4236, PG 0923 Victoria Lowery Acres Victoria Lowery (maiden name Lot 2, Blk 1, Gulf $14,702.00 OR 4158, PG 2999 'T:~+ ..:~ T ~n'~_..\ ^ ~-~~ I VlvLOl1<lLVWl;.,lYJ I n. L.-1 c:o, ** Loan amount reduced by $2,500.00 because homebuyers did not utilize the emergency rehabfunds. Approval of this item will authorize the Chainnan to sign the Satisfactions of Mortgage for owner occupied affordable housing dwelling units that have satisfied the tenns of assistance provide. Following approval and execution, the documents shall be recorded in the public records of Collier County, Florida. FISCAL IMPACT: State Housing Initiatives Parinership Prob'Tam (SHIP) funds in the amount of $86.342.00 have been repaid and are considered program income. Such funds may be reused for eligible S1 IP program activities. G'<OWTH MANAGEMENT IMPACT: There is no b'Towth management impact associated with this it: ", Ll GAL CONSIDERATIONS: This item is legally sufficient for Board action. This item requires a simple majority vote. -JW STAFF RECOMMENDATION: Approve and authorize the Chainnan to sign Satisfactions of Mortgage for owner occupied affordable housing dwelling unit that have been repaid in full to Collier ~ounty. 2REP ARED BY: Frank Ramsey, Housing Manager, Housing, Human and Veteran Services. Agenda Item No. 1605 January 11, 2011 Page 2 of 36 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 1605 Recommendation to approve and authorize the Chairman to sign six (6) Satisfactions of Mortgage for owner occupied affordable housing dwelling units that have been repaid in full to Collier County. 1/11/2011 9:00:00 AM Meeting Date: Approved By Marcy Krumbine Director - Housing & Human Services Date Public Services Division Human Services 12/21/201010:11 AM Approved By Hailey Alonso Administrative Assistant Date Public Services Division Domestic Animal Services 12/21/201012:39 PM Approved By Marla Ramsey Administrator - Public Services Date Public Services Division Public Services Division 12/23/20103:17 PM Approved By T ona Nelson Administrative Assistant, Senior Date Public Services Division Parks & Recreation 1/4f2011 8:27 AM Approved By Jeff Wright Assistant County Attorney Date County Attorney County Attorney 1/4/201111:41 AM Approved By OMS Coordinator Date County Manager's Office Office of Management & Budget 1/4/2011 1 :30 PM Approved By Sherr~' Pryor Management,' Budget Anaiyst, Senior Date Office of Management & Budget Office of Management & Budget 1/4/2011 2:30 PM Approved By Jeff Klatzkow County Attorney Date 1/4/2011 3:28 PM Approved By Leo E. Ochs, Jr. County Manager Date County Managers Office County Managers Office 1/4/20113:31 PM Agenda Item No. 1605 January 11, 2011 Page 3 of 36 Prepared by: Priscilla Doria Collier County Housing, Human & Veteran Services 3301 E. Tamiami Trail Naples, FL 34112 THIS SPACE FOR RECORDING SATISFACTION OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS: That COLLIER COUNTY, whose post office address is 3301 E TAMIAMI TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain Mortgage executed by LUZ VELASQUEZ to COLLIER COUNTY, bearing the date of July 21, 2009, recorded August 5, 2009 in Official Records Book 4479 Page 1118, of the Public Records of Collier County, Florida, securing a principal sum of $3,000.00 and certain promises and obligations set forth in said Mortgage, upon the property situated in said State and County described as follows, to wit: Lot 71, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, inclusive, of the Public Records of Collier County, Florida. (13561 Koinonia Drive, Naples, Florida 34114) COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, and surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the same of record. Dated this ///11 day of ,J.:1:'lUQ1 ,2011. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: FRED W. COYLE, CHAIRMAN By: Approved as to form and legal su . ncy: ~ Aaenda Item No. 1605 ~ January 11, 2011 Page 4 of 36 Prepared by: Priscilla Doria Collier County Housing, Human & Veteran Services 3301 E, Tamiami Trail Naples, FL 34112 THIS SPACE FOR RECORDING SATISFACTION OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS: That COLLIER COUNTY, whose post office address is 3301 E TAMIAMI TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain Mortgage executed by Ernest T. Etienne and Dina Etienne Lindor to COLLIER COUNTY, bearing the date of August 7,2008, recorded December 31, 2008 in Official Records Book 4417 Page 0800, of the Public Records of Collier County, Florida, securing a principal sum of $20,250.00 and certain promises and obligations set forth in said Mortgage, upon the property situated in said State and County described as follows, to wit: Lot 114, Liberty Landing, according to the plat thereof, as recorded in Plat Book 47, Pages 71 through 773 inclusive, of the Public Records of CoUier County, Florida. (3695 Justice Circle, Immokalee, Florida 34142) COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, and surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the same of record. Dated this 11f' day of ~"[Ulr!1 , 201L ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: FRED W. COYLE, CHAIRMAN Approved as to form and legal suff~9' ncy: ,. // Agenda Item No. 1605 January 11, 2011 Page 5 of 36 Prepared by: Priscilla Doria Collier County Housing, Human & Veteran Services 3301 E. Tamiami Trail Naples, FL 34112 THIS SPACE FOR RECORDING SATISFACTION OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS: That COLLIER COUNTY, whose post office address is 3301 E TAMIAMI TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain Mortgage executed by Cesar H. Castellanos Florez and Claudia R. Sanchez Calderon to COLLIER COUNTY, bearing the date of July 12,2007, recorded August 10,2007 in Official Records Book 4269 Page 1345, of the Public Records of Collier County, Florida, securing a principal sum of $23,750.00 and certain promises and obligations set forth in said Mortgage, upon the property situated in said State and County described as follows, to wit: Lot 48, Charlee Estates, of the Public Records of Collier County, Florida. (14618 Apalachee Street, Naples, Florida 34114) COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, and surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the same of record. Dated this ~daY of JQ,~!.ib"f---' 2011. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: FRED W. COYLE, CHAIRMAN By: Approved as to form and legal s~ncy: ' .~ / ----'- Jeff~. Wight . v Assistant County Attorney Agenda Item No. 1605 January 11, 2011 Page 6 of 36 Prepared by: Priscilla Doria Collier County Housing, Human & Veteran Services 3301 E. Tamiamj Trail Naples, FL 34112 THIS SPACE FOR RECORDING SATISFACTION OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS: That COLLIER COUNTY, whose post office address is 3301 E TAMIAMI TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain. Mortgage executed by Rigoberto Tovar and Odette Tovar to COLLIER COUNTY, bearing the date of March 16, 2007, recorded April 13, 2007 in Official Records Book 4213 Page 1630, of the Public Records of Collier County, Florida, securing a principal sum of $22,500.00 and certain promises and obligations set forth in said Mortgage, upon the property situated in said State and County described as follows, to wit: Lot 27, Block A, Habitat Village, according to the plat thereof, as recorded in Plat Book 37, Pages 48 through 51, inclusive, of the Public Records of Collier County, Florida. (12247 Fuller Lane, Naples, Florida 34113) COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, and surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the same of record. Dated this I / +I-t day of . \r. '"'. . ~ ....,,' "0' I '-'''''''\AU ';-'~ ". A TrEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: FRED W. COYLE, CHAIRMAN Approved as to form and legal s~iency:" I .~ Agenda Item No. 16D5 January 11, 2011 Page 7 of 36 Prepared by: Priscilla Doria Collier County Housing, Human & Veteran Services 3301 E. Tamiami Trail Naples, FL 34112 THIS SPACE FOR RECORDING SATISFACTION OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS: That COLLIER COUNTY, whose post office address is 3301 E TAMIAMI TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain Mortgage executed by VICTORIA C. LOWERY to COLLIER COUNTY, bearing the date of May 23, 2007, recorded May 30, 2007 in Official Records Book 4236 Page 0923, of the Public Records of Collier County, Florida, securing a principal sum of $5,000.00 and certain promises and obligations set forth in said Mortgage, upon the property situated in said State and County described as follows, to wit: Lot 2, Block 1, Gulf Acres, as recorded in Plat Book 1, Page 111, inclusive, of the Public Records of Collier County, Florida. (3600 14th Street N., Naples, Florida 34103) COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, and surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the same of record, Dated this ~ day of J{l" (,(0 r If ' 2011. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: FRED W. COYLE, CHAIRMAN By: Approved as to fonn and lega ficiency:- right nt County Attorney Agenda Item No. 1605 January 11, 2011 Page 8 of 36 Prepared by: Priscilla Doria Collier County Housing, Human & Veteran Services 3301 E. Tamiami Trail Naples, FL 34112 THIS SPACE FOR RECORDING SATISFACTION OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS: That COLLIER COUNTY, whose post office address is 3301 E TAMIAMI TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain Mortgage executed by VICTORIA LOWERY to COLLIER COUNTY, bearing the date of December 18, 2006, recorded December 22, 2006 in Official Records Book 4158 Page 2999, of the Public Records of Collier County, Florida, securing a principal sum of $15,000.00 and certain promises and obligations set forth in said Mortgage, upo!l the property situated in said State and County described as follows, to wit: Lot 2, Block 1, Gulf Acres, as recorded in Plat Book 1, Page 111, inclusive, of the Public Records of Collier County, Florida. (3600 14th Street N., Naples, Florida 34103) COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, and surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the same of record. Datedthis~dayof ,J().r)llfi~1 ,2011.. , ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: FRED W. COYLE, CHAIRMAN Approved as to form and legal s lciency: ~ ..- CD ..- ('f) 0_ ~N.~ ~~Q.) ort ~ g> Q.)ctlD.. __:::1 -c ctlctl -0" C Q.) OJ <( ~ z <( o a: o ..J<t U-o u-_ 00:: :.<:0 zit <t . COU) !-W U)..J ::>0. o::<t !-Z Z 0:: W :I: !- 0:: o Z o CD ~ L."l CD m M CD CJ ,. - - >- ... ::: ~ o U ;.. 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J Z Agenda Item No. 1605 January 11, 2011 Page 10 of 36 Public Services Division Housing, Human & Veteran Services October 8, 2010 To: Norma Lora- Trejo Habitat for Humanity Via Email From: Collier County Housing, Human and Veteran Services Department Priscilla Doria Re: Luz Velasquez 13561 Koinonia Drive Naples, FL 34114 Folio # 77390001904 Recorded on 8/05/09, OR Book 4479, Page1118. Dear Thomas- The payoff amount to satisfy the above mentioned property owner's loan with Collier County is $3,000.00. This is a zero (O) interest loan with no payments, therefore the payoff will remain the same regardless of date. This loan was given for the assistance in the purchase of their home and is payable upon sale, refinance, or loss of homestead exemption. Payment should be made to "Collier County Board of County Commissioners" and delivered to: Collier County Government Housing, Human and Veteran Services 3301 E. Tamiami Trail Bid H, Suite 211 Napies, FL 34i12 Attention: Priscilla Doria Please contact me if you have any questions 239-252-5312. Thank you, 'P'ti4dtta 'V01tia, L~ 'P~'t Housing, Human and Veteran Services l-iousin g, Hurnan~and Veteran Services ,. - "I.,'"'' cd" C..)il;~; :;::uu;ily 239-252-CARE (2273) . 239 252~Hor\lE ;:.301 East Tarn;anli Tr21i:. Health Building ~ Nap:cs. F:... 34112 ~ 239-2S2-CAFE (223:{; . 239-252-RSVP . 239~252-VETS . V'lV/lN. coWergov, netlhumanserviCBS INSTR 4327353 OR 4479 PG 1118 RECORDED 8/5/2009 1:55 PM PAGES 3 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $27.00 OBLD $0.00 OBLI $0.00 Agenda Item No. 1605 January 11, 2011 Page 11 of 36 SECOND MORTGAGE THIS SECOND MORTGAGE ("Security Instrument; is given on tll day Of-J () { ( ~ Luz Velasquez, a single woman ,2009. The Second Mortgagor is: ("Borrower"). This Security Instrument is given to Collier Coun tv ("Lender"), which is organized and existing under the laws of the Untted States of America, and whose address Is 3301 E. Tamiami Trail. Naples, Florida 34112 . Borrower owes Lender the sum of Three Thousand and 00/100 Dollar8 ($3,000.00). This debt is evidenced by Borrowe(s Note dated the same date as this Security Instrument ("Second Mortgage"), which provides for monthly payments, wtth the full debt, if not paid earlier, due and payable on sale of property, refinance. or 1088 of homestead exemption. This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, wtth interest, and all renewals, extensions and modifications; (b) the payment of all other sums, with interest advanced under paragraph 7 to protect the security of the Security Instrument; and (c) the performance of Borrowe(s covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby second mortgage, grant and convey to Lender the following described property located in Collier County, Florida. As more particularty described as Lot 71, Trail Ridge, Collier County. Florida and which has the address of: ("Property Address"): 13561 Koinonia Drive, Naples, FL 34114 TOGETHER WITH all the improvements now or hereafter erected on the properly, and all easements, rights, appurtenances, rents, royatties, mineral. oil and gas rights and profrts, water rights and stock and all fixtures now or hereafter a part of the property. All replacements and addttions shall also be covered by the Security Instrumenl Ail of the foregoing is referred 10 in this Security Instrument as the "Property". BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Properly and that the Properly is unencumbered, ex~!,ces of record. Borrower warrants and will defend generally the title to the Properly against all claims and demands, s~bjetllCJtii~n€'t!'b~c;es.pf record. THIS SECURITY INSTRUMENT combines u!Jiftll1" ,,"l/eJla~cmlilis~'an,d non-unnorm covenants with limiled variation by jurisdiction to constitute a uniform security instrum.e~..ft:!. Yl!~-teal properly. ""'<~ ./' ~.;.., UNIFORM COVENANTS. Borrower and.-Le:iid~f,covenant and agree as follQws.t-' \ 1, Payment of Principal and Interest Prep~ment and Late Charges. BoribWer shall promptly pay when due the principal of and interest on the debt evidenced by the Note. / / ~------,-------,..., \ \ 2. Taxes. The Mortgagor will pay a.1)1 taxe,: aSSl!.S~ffielllS' sewer r.e enntS DO.! water rates prior to the accrual of any penalties or interest thereon. / / _ ,..-K ~. h ~\ \ The Mortgagor shall payor cause to be pa~,$ameleSl1ectlvi1y tieCQme d.J;Ie, A)(1 all taxes and govemmental charges of any kind whatsoever which may at any time be laWrully!ass~ssedlor 1~.'Vie\:j. a~~nsf,.~H\~e. sP!id to the property, (2) all utility and other charges, including 'service charges', incurred or imp~e.d.fdt~h"\OP~o!I\iOrl, ~in.",~a~~, use,licctjpan~Jl1<eep and improvement of the Property, end (3) ::H ::l:~ses!;ments or ether gcvemmen~I",cl'.a\9-er~t' m3y~.rf1y.wa ~"d in ir'~~n~;;OJl~r a period of years, the Mortgagor shall be obligated under the Mortgage to pay or cause~{6e'l'ald only such installments1..s. a. .re re., quirl;lt~ paid during the term of the Mortgage, and shall, promptly after Ihe payment of any of the foregoing, forward to Mortgagee 8lIj;lence of web-.payment. 3. Application of Payments. Unless,aRl5JiCable law provides otherwlSiir.'ji!1I plIY!l'1et1~ ",ceived by Lender shall be applied; first. to interesl due; and, 10 principal due; and last, to an'y,,,*.I:I1~rges due under the Note.'-.' // ( ':'1 4. Charges; Liens. Borrower shall pay lllrt8l"'il;....ssessments, charges, fine:.;an~impositions attributable to the Property which may altain priority over this Security Instrument. and leaseht>id' _ . or groU~I$,lfiti1Y/Sorrower shall promptly fumish to Lender all notices of amounts to be paid under this paragraph, and'all. r "iY1tt~,t~e'payments. Sorrower shall promptly discharge any lien which lias. ". . o~r ih\it:Security Instrument unless Borrower: (a) agrees in writing to the payment of the obfigation secured by the lien in a manner accePt3ble1lrtender, (b) contests in good fatth the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lende(s opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement salisfactory to lender subordinating the lien to this Security Instrumenl If Lender determines that any part of the Properly is subject to a lien which may attain priority over Ihe Security Instrument, Lender may give Borrower a nolice identifying the lien. Borrower shall salisfy the lien or take one or more of the actions set forth above wtthin 10 days of Ihe giving of notice. 5. Hazard or Properly Insurance. Borrower shall keep the improvements now existing or hereafter ereded on the Properly insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods Ihal Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subjed to Lende(s approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lende(s option, obtain coverage to proted Lende(s rights in the Property in accordance wtth paragraph 7. At all times that the Note is outstanding. the Mortgagor shall maintain insurance wtth resped to the Premises against such risks and for such amounts as are customarily insured against and pay, as the same become due and payable. all premiums in resped thereto, including. but not limited to ,all-risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to Ihe Premises by fire, lightning, and other casualties customarily insured against (including boiler explosion. n appropriate). with a unnorm standard extended coverage endorsement, including debris removal coverage. Such insurance at all times to be in an amount not less than the full replacement cost of the Premises, exclusive of footings and foundations. All insurance pOlicies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hoid the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt nolice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Properly damaged. if Ihe restoration or repair is economically feasible and Lende(s security is not lessened. If the restoration or repair is not economically feasible or Lende(s security would be lessened. the insurance proceeds shall be applied to the sums secured by the Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Properly, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim. then lender may coiled the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Inslrument, whether or nOlthen due. The 30-day period will begin when the notice is mailed. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraph 1 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender. Borrowe(s right to any insurance pOlicies and proceeds resulling from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrumenl immediately prior to the acquisition. 6. Occupancy. Preservation, Maintenance and Protection of the Property; Borrower's Loan Application, Leaseholds. Borrower shall occupy, establish, and use the Property as Borrowe(s principal residence wtthin sixty days after the execution of Ihls Security Instrument and shall continue to occupy the Property as Borrowe(s principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing. which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrowe(s control. Borrower shall not destroy, damage or impair the Properly, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default n any forfetture action or proceeding, whether civil or criminal, is begun Ihat in Lende(s good faith judgmenl could result in forfeiture of the Property or otherwise materially impair Ihe lien created by Ihis Security Instrument or Lende(s security interest. Borrower may cure such a defaull and reinstate. as provided in paragraph 1 B. by causing the adion or proceeding 10 be dismissed wtth a ruling that, in Lende(s good faith determination, precludes forfeiture of the Borrowe(s interest in the Property or other material OR 4479 PG 1119 Agenda Item No. 1605 January 11, 2011 Page 12 of 36 impairment of the lien created by this Security Instrument or Lende(s seOlrity interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note. including. but not limited to, representations concemlng Borrowe(s occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold. Borrower shall comply with all the prOVision of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protecllon of Lender's Rights In the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there Is a legal proceeding that may significantly affect Lende(s rights in the Property (such as a proceeding In bankruptcy. probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property end Lende(s rights In the Property. Lende(s actions may Include paying any sums seOlred by a lien which has priority over this Security Instrument, appearing In court. paying reasonable attomeys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7. Lender does not have to do so. Any amounts disburSed by Lender under this paragraph 7 shall become addilional debt of Borrower secured by this SeOlrity Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the dale of disbursement at the Note rate and shall be payable, with Interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. tf Lender required mortgage insurance as a condition of making the loan seOlred by this SeOlrity Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effed. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to Ihe mortgage insurance previously In effed, at a cost substantially equivalent to the cost to Borrower of the mortgage Insurance previously in effect, from an altemate mortgage Insurer approved by Lender. If substantially equivalent mortgage Insurance coverage Is not available, Borrower shall pay to Lender each month a sum equal 10 one-twe1flh of the yearly mortgage Insurance premium being paid by Borrower when the insurance coverage lapSed or ceased to be in effect Lender will accept, use and relaln Ihese payments as a loss reserve In lieu of mortgage Insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage Insurance ends in accordance with any written agreement between Borrower and Lender or appficable law. 9. InspectJon. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10, Condemnallon. The proceeds of any award or Claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property. or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied 10 Ihe sums secured by this SeOlrlty Instrument. whether or not then due, with any excess paid to Borrower, In the event of a partial taking of the Property, in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums seOlred by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, Ihe sums seOlred by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the fonewing fradion: (a) the total amount of th. e ~lTIf~"l'l--:r~. . .Iely be.. fore the taking, divided by (b) the fair market value of Ihe Property immediately before the taking. Any balan.ce-sb~n~ ~1I!1l, the event of a partial taking of the Property in which the fair market value of the Property. ImmedIately ~f~!8!htil;t~~~mp?J1f;'Ot t~e sums secured immediately for the taking, unless Borrower and Lender othelWlse agree .n wntin~..QUI~ss applicable law othelWjSej!.rov.ides, the proceeds shall be applied to the sums secured by this Security Instrument whether or no~1h&.siJniS are then due. Unless Lendet and B.orrower otherwise agree in writing, any application of proceeds to principal shall not extend or pO~ll8-lha.due date of the monthlY, payments referred to in paragraphs 1 or change the amount of such payments. I I k....... ~ \ \ 11. Borrower Not Released, Forbearance By Lendefil,loU-Walver. Extension of, the time for payment or modification of amortization of the sums secured by this Secui;ty In!;~~ Wrnt~~.or in Interest of Borrower shall not operate to release the liability of the original Borrower or !Borrci-Ne(~ suCC/issbrs In t~tQrS$t~ LfJn~r ~I)~II opt be required to commence proceedings against any successor in interest or refuse to ~xten~ ti"" for ~aYJt1ent or bthefrlise mQJilifi'amoltization of the sums secured by this Security Instrument by reason of any demand made by, lJoIeio/igi~.~6~!.I&~~s sUcSessitrs in interest Any forbearance by Lender in exercising any right or remedy shaii not be a wajy.llr'lOrorpreciude-me ex~f anyTlgl1rbr ce~y. 12. Successors and Assigns Bour\cl;jo'int and Several llablli' n,rs. ;he.eovenants and agreements of this Security Instrument shall bind and benefit the successorS. 'a')b'assigns of Lender and S~bj~Ct.ll;rt?i> Provisions of paragraph 17. Borrowefs covenan\S at\d'agreements shall be j sevetaJ~ Borrower who c~signs this Security Instrument but does not execute the Note; (a) is Co,(~nin9Jhis SeOlrity Instrument oiily.~ mortgage, grant and convey that Borrowe(s interest in the Properly under the terms of this Security Instrull!aMi (.bl,l~ not personally obligstEld'tQ 'pay the sums secured by this .Security Instrument; and (c) agrees that Lender and any other Borrower may.(greetp;~orb~'h9"'make any accommodatiOns With regard to the terms of this Security Instrument or the Note without that Borr.~I1'<pls.ent;:R L,.:;:/ , 13. Loan Charges, If the loan secured by this Secui1ty-lllstt'!.rn~!ltjS-Sllbjed to a law which sets maximum loan charges. and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits. then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit: and (b) any sums aiready colleded from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct paymenlto Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment wnhout any prepayment charge under the Note. 14. Notices, Any notice to Borrower provided for in this SeOlrity Instrument shall be given by delivering it or by mailing It by first ciass mail unless applicable law required use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be govemed by federal law and the law of the jurisdiction in which the Properly is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are deciared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest In Borrower. If all or any part of the Property or any interest in It is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lendefs prior written consent, Lender may, at Its option, require immediate payment in full of all sums secured by this Security Instrument However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercised this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of nolless than 30 days from the date lhe notice is delivered or mailed within which Borrower must pay all sums secured by this SeOlrity Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of Ihis Security Instrument discontinued at any time prior to the earlier of ; (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this SeOlrity Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures and default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, inciuding, but not limited to, reasonable attomey's fees: and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument. Lendefs rights in the Property and Borrowe(s obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19, Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) m'1Y be sold one or more times wilhout prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under Ihe Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Nole. If there is a change of Ihe Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 and applicable law. The notice will stale the name and address of Ihe new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances, Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any *** OR 4479 PG 1120 *** Agenda Item No. 1605 January 11, 2011 Page 13 of 36 Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quant~ies of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice for any investigation, claim, demand. lawsuit or other action by any govemmental or regulatory agency or private party Involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower leams, or ls notified by any govemmental or regutatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property Is necessary, Borrower shall prompUy take all necessary remedial acUons in aceordance with Environmental Law, As used in this paragraph 20, "Hazardous Substances. are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products. toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to heatth, safety or environmental protection. 21. Acceleration; Remedies, Lender shall give notice to Borrower prior to acceleration following Borrowe(s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable raw provides otherwise), The notice shall specify: (a) the defautt; (b) the action required to cure the default (c) a date, not less than 30 days from the date the notice ls given to Borrower, by which the defau~ must be cured; and (d) that failure to cure the defau~ on or before the date specified in the notice may resu~ in acceleration of the sums secured by this Security InstrumenL foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower of the righl to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the defau~ Is not cured on or before tha dale specified in the nOlice, Lender, at ~s option, may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided In this paragraph 21, including. but not limited to, reasonable attomey's fees and costs of the tille evidence, 22. Releasa. Upon payment of all sums secured by this Security Instrument. Lender shall release this Security InstrumenL without charge, to Borrower. Borrower shall pay any recordation costs. 23. Attorneys' Fees. As used In this Security Instrument and the Note, 'attomeys' fees. shan include any attomeys' fees awarded by an appellate court. 24. Riders to this Security InstrumenL If one or more riders are executed by Borrower and recorded together w~h this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. (Check Applicable Box) o Adjustable Rate Rider 0 Rate Improvement Rider 0 Coodominium Rider o Graduated Payment Rider 0 1-4 Family Rider 0 Second Home Rider o Balloon Rider 0 Biweekly payme~Bi~-Planned Unit Development Rider o Other(s) (specify /< V~ Q-\!,,,,, "(.0/ ~J-'\ SIGNING BELOW, Borrower accepts and agreeslo thlnerms and covenants contained in,this Security Instrument and in any rider(s) executed by Borrower and recorded with it. I / ~'------v\ \ \ Signed, sealed and denvered in the presence ft.. ! ~'1(];~.. I'~ ~. ')7.;~. /r.\ / I kJ w~ness#l:\-A.C\\,rr\ ~ ~\\'(\O'(\O',2. ( J ~(!l~tqre)D l C(~ I <4. ()e.. '? . \ I \ I 1\ '-/J Borrpwe~l. Lu,\ Gi ~all.asquez Signalure:M~""I" ):. 1~Q.~r.l;'>\' -'" _/ L:,'::, ~ i;"""} 71" / 17\r.:;'\ \", I I:.....; WrtnesS#2: N {)rlJ~~~ . ~f u.' '.' Signature: 'ill. .. ~.-" ! ~. w t' \ Co- Borrowe",i\ 1 /. c: / Signatur0 ~. '. ,1_,'\, "Y/ \../ / \,~ r>:"-~. /~~. // ',<:/., ~A..Q~;5.'.Sl\ lCo.inonia Dri va "~ 11 r:: (-0 tNBPlil'lI-( Florida 34114 STATE OF .E.b.Q!!.!Q!i ~~...::..:--- COUNTY OF ~ I hereby certify that on this day, before me. an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgements. personally appeared Luz G. Velasquez to me known to be the person(s) described in and who executed the foregoing instrument and acknowiedged before me that (Hel she! they) executed the same for the purpose therein expressed. WITNESS my hand and official seal in the County and State aforesaid thiS~ day of ...010\,,11"""1/1111 My comml~nO"~r<9. I,.. :$' ~o.!~Fi~....~..-: (~~'O'\ ..0 itt:..~ ~ a. :0: ---- 1f!~ ~ ~Z:\l'I~\9~ · ~ ". ~.f$J _lJ,ll ~ -.. ~'!.~ ~ JO.!........ ~ ".;-r",1'E' (jt "'''"nrn1ti J ,20~. --t 2J , File#: 09-165 ~ .... .. ... -0 Ln c.D C- D o c.D c.D o . . - ~ r::c c.D - rn . c.D .... 0 "--.., ex> to M to T-I "'00 coo <Ddd ELOLO >-NN m _ _ 0..00 NN 0'E ....... ~ o 0 ~ u ........!!2 ~O o ....... ... C ~ o E <{ ~ o Q) a>o..c: ~oU Od a>LO uN.. Co mN m CO 'a "'0 E . <(0 LO -N m _ Co 'mN .;::: o u ~ s- a> C o 'w en 'E ~ a. U ..c: en ~a>Oi c u U c....,. _ a> C") os-....... a>~ "EQ)CI) mO::I o m >- 'E a> ~ g;= 8r-co s- 0 .~ ....... o 0 U ~ ....... 2~ mo 0....... ~ Z :J o u ex: w ::::i ...J o U LL. o ~ Z <( :E :J ::I: a:: o LL. ~ f-" iii <( ::I: Co ler Coun"ty -- ~-.-..."""-"" - ~ Public Services DMsion Housing, Human & Veteran SelVices Agenda Item No. 1605 January 11, 2011 Page 15 of 36 . October 20, 2010 To: Norma Lora-Trejo Family Service Coordinator Habitat for Humanity of Collier County 11145 Tamiami Trail . Naples, n 34U~___ __ _ From: Collier County Housing, Human and Veteran Services Department Priscilla Doria Re: Ernest T. Etienne and Dina Etienne Lindor 3695 Justice Circle Naples, FL 34142 Recorded on 12/31/2008, OR Book 4417, Page 0800. Dear Norma- The payoff amount to satisfy the above mentioned property owner's loan with Collier County is $20.250.00. This is a zero (0) interest loan with no payments, therefore the payoff will remain the same regardless of date. This loan was given for the assistance in the purchase of their home and is payable upon sale, refinance, or loss of homestead exemption. Payment should be made to "Collier County Board of Countv Commissioners" and delivered to: Collier County Government Housing, Human and Veteran Services 3301 E. Tamiami Trail Bid H, Suite 211 Naples, FL 34112 Attention: Priscilla Doria Please contact me if you have any questions 239-252-5312. Thank you, '1'~ 'DO-'Ua, Loa<<- '1'~ --.---. .-----ii~~~~ndO. - .. --- ----.. - ---- . -- Veteran3ervices of CoDer County 3301 East Tamiami Trail' Health Building. Naples, FL 34112 239-252-CARE (2273) .239 252-HOME (4663) . 239-252-CAF!: (2233) . 239.252-RSVP (7787). 239.252-VETS (8387)' www.colliergov.netlhumanservices SECOND MORTGAGE Agenda Item No. 1605 January 11, 2011 Page 16 of 36 Retn: PORTIR VII GHT IT AL 5101 mIcn BAT BLVD '300 IAPLlS 1L 341 01 2 m 4246457 OR: 4417 PG: 0800 RICORDID in the omCIAL RlCORDS of COLLIlR COUITY. 1t 12131/2008 at 01:27AII DWIGHT I. BROCK. CLBRX OBLD OBLI RIC 111 20250.00 20250.00 27.00 THIS SECOND MORTGAGE ("Security Instrument") is given on oS IfJ f /2008. The Second Mortgagor is: Ernest Terisma Etienne and Dina Etienne Lindor, a married couple ("Borrower"). This Security Instrument is given to Collier County ("Lender"), which is organized and existing under the laws of the United States of America, and whose address is 3 3 01 l!:. Tamiami Trail, Naples, Florida 34112 . Borrower owes Lender the sum of Twenty Thousand Two Hundred Fifty and 00/100 Dollars ($20,250.00). This debt is evidenced by Borrower's Note dated the same date as this Security Instrument ("Second Mortgage"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on sale of property, refinance, or 1088 of homestead exemption This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest. and all renewals. extensions and modifications; (b) the payment of all other sums. with interest advanced under paragraph 7 to protect the security of the Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby second mortgage. grant and convey to Lender the following described property located in Collier County. Florida. As more particularly described as Lot 114. Liberty Landing. Collier County, Florida and which has the address of: ("Property Address"): 3695 Justice Circle, Naples, FL 34142 TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements. rights, appurtenances. rents, royalties. mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by the Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property". BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered. e1(C8pl~~nces of record. Borrower warrants and will defend generally the title to the Property against all claims and demands. l!JJbjfctlf(~Rellc\€ibraflfe$ of record. THIS SECURITY INSTRUMENT combines ynjlW ~lSfOnta~.<J~..md non-uniform covenants with limited variation by jurisdiction to constitute a uniform security instrume~cQy\flr1!l real property. ""Z /j.... "'- UNIFORM COVENANTS. Borrower and~ covenant and agree as folt~ \ 1. Payment of Principal and Interes~ Pi:' ymenhnd La. te. Char;!les. Bor'fower shall promptly pay when due the principal of and interest on the debt evidenced by the Note. ~ --'J \ \ \ 2. Taxes. The Mortgagor will pay a(taxe , assessmel\!s...seWer rents pr water I'lltes prior to the accrual of any penalties or interest thereon. I ! /'"?\1 r\, '1'':11'1 ~\~ '77\ \ The Mortgagor shall payor cause tqbe P~ld, as ih sl\"lelresp~ct~ly,..beco",~!du!l, (A:i(1) all taxes and govemmental charges of any kind whatsoev~r which may at any time be lavrullyl~ss~sse. fir tevied}jg~i~r wi!~ re$pe9'~ t~e Property. (2) all utility and other charges. including "seMce charges", Incurred or 'mpos~trfpr tRe~l101t:6atn~~~. use~.!odCuP,a.!t~Y; upkeep and ;mproveiirEn1 of the Property, and (3) all assessments or other governmental charges \hat may lawfully be paid1l1 installrrentS' ~r!a period of years. the Mortgagor shall be obligated under the Mortgage to payor cause t~'~"P<;iid only such Installmen~~~ are; reqJi~ ,to be paid during the term of the Mortgage. and shall, promptly after the payment of any of the ~Oin~. forward to Mortgagee'~e~~1?~lJ,c::h payment. 3. Application of Payments. Unless lIRplfcabJ~ law provides otherwise;'8II..p~~ts received by Lender shall be applied; first, to interest due; and. to principal due; and last. to any late oh!lT9~s due under the Notll/''\. / 4. Charges; Liens. Borrower shall pay all talce~:l!I$~....gbargEil\, ~~s'and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehoia-Il~YJn~:!,r 9fO~(renlkjf any. Borrower shall promptly fumish to Lender all notices of amounts to be paid under this paragraph, and all re~'-evKlen!:ib9--the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in. legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over the Security Instrument. Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire. hazards included within the term "extended coverage" and any other hazards, including floods or fiooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above. Lender may, at Lender's option. obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. At all times that the Note is outstanding. the Mortgagor shall maintain insurance with respect to the Premises against such risks and for such amounts as are customarily insured against and pay. as the same become due and payable. all premiums in respect thereto, including. but not limited to . all-risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire, lightning. and other casualties customarily insured against (including boiler explosion, if appropriate). with a uniform standard extended coverage endorsement. including debris removal coverage. Such insurance at all times to be in an amount not less than the full replacement cost of the Premises. exclusive of footings and foundations. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right tothold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing. insurance proceeds shall be applied to restoration or repair of the Property damaged. if the restoration or repair is ~conomically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened. the insurance proceeds shall be applied to the sums secured by the Security Instrument, whether or not then due. with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument. whether or not then due. The 30-day period will begin when the notice is mailed. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraph 1 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender. Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisitIOn shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy. Preservation, Maintenance and Protection of the Property; Borrower's Loan Application, Leaseholds. Borrower shall occupy. establish. and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy. unless Lender otherwise agrees in writing. which consent shall not be unreasonably withheld. or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impai~the lien created by this Security Instrument or Lender's security OR: 4417 P,G@eQSQltem No. 1605 January 11, 2011 interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismisPeirge 17 of 36 with a ruling that, in Lender's good faith detennination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate infonnation or statements to Lender (or failed to provide Lender with any material infonnation) in connection with the loan evidenced by the Note, including, but not limited to, representations conceming Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provision of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rlghtllln the Property. If Borrower fails to perfonn the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attomeys' fees and entering on the Property to make repairs. Although lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other tenns of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage Is not available, Borrower shall pay to lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 8. Inspection. Lender or its agent may make reasonable entries upon and inspections of ihe Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property, in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance ~o;;aoo~er. In the event of a partial taking of the Property in which the fair market value of the Property immediately before .tJo1l(~IOJ1Jl.J!.'teB-tlW\!l}e~mQunt of the sums secured immediately for the taking, unless Borrower and Lender otherwise agree in writi~g'.Br\'f~~l\6J:IN'~provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or no~,the&u,!J1sare then due. Unles~~'a~d Borrower otherwis~ agree in writing, any applicatIon of proceeds to pnnclpal shall not extZd o'r-postp. one the due date of the m~nth.IY payments referred to on paragraphs 1 or change the amount of such payments. / ~. \ \ 11. BorTOWer Not Released, Forbe. ranee Byi-l'-mIe( NoU. warve~ Extension of It,etime for payment or modification of amortization of the sums secured by this Sectfrity lris~t g.!JliUe!:! b~ ~ ~ss~r In interest of Borrower shall not operate to release the liability of the original Borrower orIBorrOweIi'S-syl;ee~~ i~te.f~st.\ben&e~~all no\ be required to commence proceedings against any successor in interest or refuse toiexte~ time tOr! pa~ent 9r!ot~ll"(se;md4ify ~mort\zation of the sums secured by this Security Instrument by reason of any demand made by t,be tlrigihal ~rO'fiel orjB~rrolNer's s\lccess~ Interest. Any forbearance by Lender in exercising any right or remedy shaii not be a ..v8iv'e\ 'af~feclod&-;-.me' eltefdse of !lrly-r;~t .o~.,.emedy. 12. Successors and Assigns Bouna;Jolnt and Several LiabilltYI.,cO-S~' ner$,::the covenants and agreements of this Security Instrument shall bind and benefit the successo~~.assigns of Lender and ~we" sul'l'lll'fo the Provisions of paragraph 17. Borrower's covena~s,.~/i,agreements shall be joMt iln ~vi~/ Any Borrower who co-signs this Security Instrument but does not execute the Note; (a) is cG::5.igninQ this Security Instrumen1]lnty ~\;J1ortgage, grant and convey that Borrower's interest in the Property under the tenns of this Security Inst~...')t;1.11)Js not personally 'li~~J6 pay the sums secured by this Security Instrument: and (c) agrees that Lender and any other Borrower ma)',agree,.~en ...1 ;'1Q~ or make any a=mmodations with regard to the tenns of this Security Instrument or the Note without that BOrroWer'.{c6r,s~:!1t.C 1\'>>"'" 13. Loan Charges. If the loan secured by this Secuii!yinstfumentls subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the pennitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the pennitled limit: and (b) any sums already collected from Borrower which exceeded pennitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law required use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be govemed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16, Borrower's Copy. Borrower shall be given one confonned copy of the Note and of this Security Instrument 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If lender exercised this option. lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of thiS period, Lender may invoke any remedies pennitted by this Security Instrument without' further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this.Security Instrument discontinued at any time prior to the earlier of : (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures and default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to. reasonable attorney's fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer, The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change In the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 and applicable law. The notice will state the name and address of the new Loan Servlcer and the address to which payments should be made. The notice will also contain any other infonnation required by applicable law *** OR: 4417 R~imgBO~~lJo. 1605 January 11, 2011 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Haza);Ja~e 18 of 36 Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice for any investigation, claim, demand, lawsuit or other action by any govemmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower leams, or is notified by any govemmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesltcides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default: (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non~xistence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice, Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, reasonable attorney's fees and costs of the title evidence. 22. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument, without charge, to Borrower. Borrower shall pay any recordation costs. 23. Attorneys' F.... As used in this Security Instrument and the Note, "attorneys' fees" shall include any attorneys' fees awarded by an appeliate court. 2A. Riders to this Security Instrument If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. (Check Applicable Box) o Adjustable Rate Rider 0 Rate Improvement Rider 0 Condominium Rider o Graduated Payment Rider 0 1-4 Family Rider 0 Second Home Rider D Balloon Rider 0 Biweekly Payment Rider 0 Planned Unit Development Rider -----., o Other(s)(specify ~t,R CO?;''..... /'6'\>-~/,;~ SIGNING BELOW, Borrower accepts and agrees,1O ~.teiTns and covenants containelm this Security Instrument and in any rider(s) executed by Borrower and recorded with it I // ~~'-----'b \ ~ delivered in the presence r$f: I _ ~/\ \ .r- (I '....-:::::::-1r" ~C' \")~\.,. 'i?\ / WitnesS#1: S I- - J1f ,,( ~ignl!tu~ '~'JI:J/:;)d- ,~T-U'-,-_-,-",_ I i 1\ I ",iBotrpw!r. \\ ~rnest ITerisDla Etienne Signatu \ ,---, \ \. V/ \. I / J lJ ~ t I r-> , f. \ 'r-: \ I -- '--'"' ~';.,r:-\\ _ ~ IS; / L:J J-:-. ". I Witness#2: , .1--1 &i Ld ..... . "f.. .. Signature:\A~MUJ / ~ M ( V'<-l /7? /J ~ \ Co. Bomiw.-r.: / Dina.' .Btienne Lindor Signature: /P''h~ -~/ ~c..\" . y/(~/ '<. 0 ':--...... 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Public Services Division Housing, Human & Veteran Services November 9, 2010 To: Norma Lara-Trejo Habitat for Humanity Via Email From: Collier County Housing, Human and Veteran Services Department Priscilla Doria Re: Cesar H. Castellanos Florez and Claudia R. Sanchez Calderon 14618 Apalachee Street Naples, FL 34114 Recorded on 8/10/2007, OR Book 4269, Page 1345. Dear Thomas- The payoff amount to satisfy the above mentioned property owner's loan with Collier County is S23.750.00**. This is a zero (0) interest loan with no payments, therefore the payoff will remain the same regardless of date. This loan \^/as given for the assistance in the purchase of their home and is payable upon sale, refinance, or loss of homestead exemption. "''''Loan amount is reduced bv $2,500.00 because homebuvers did utilize the emeraencv rehab funds. Payment should be made to "Collier County Board of County Commissioners" and delivered to: Collier County Government Housing, Human and Veteran Services 3301 E. Tamiami Trail Bid H, Suite 211 Naples, FL 34112 Please contact me if you have any questions 239-252-5312. Thank you, p~ V0-'Zi4, Loa<< p~~ Housing, ~ FIlllnan'aI1d~ Vctcnlll.Scrviccs ___. \,"~, cd (:(.)iiie~ Co~n1\' 239~252-C,L.R:: {2273) .239 252-HOrAE - .,'" - ; T . . - ., ." '" B .'ct. N I F' -" H? .J:: I :~~~ ~~l~=1rni",~r~:J .~'i~an~l"", u~. mg.: ~ap.es~,.~,L ,.,':~ i I:: , t:3S1~L:Jl~C,'-\+-!:: ;,2Lj3}. L3~.2:iL~R;j\fP (f7d?). L~~~-L~2.\:t: TS . W\vw.colicergov.neUhumanservi::es Q ~VJOO!' U~; ~,o, ru; lJ'J RBCORDBD in OFFICIAL RBCORDS of COL~te_, llim No. 1605 08/10/2007 at 02:31PM DWIGHT B, BROCI, CLlRlJanuary 11, 2011 SECOND MORTGAGE DC lEI 2Wge 21 of 36 Reto: PORTER WRIGHT IT AL 5801 PBLlCAIl BAY BLVD 1300 HAPLBS 1L m08 2709 THIS SECOND MORTGAGE ("Security Instrumenr) is given on 07/ r:z./ ,2001. The Second Mortgagor is: Cesar H. Castellanos-Florez and Claudia R. Sanchez-Calderon, a married couple ("Borrower"). This Security Instrument is given to Collier County ("lender"), which is organized and existing under the laws of the United States of America, and whose address is 3301 E. Tamiami Trail, Naples. Florida 34112 Borrower owes Lender the sum of Twenty Six Thousand Two Hundred Fifty and 00/100 Dollars ($26.250,00). This debt is evidenced by Borrower's Note dated the same date as this Security Instrument ("Second Mortgage-), which provides for monthly payments, with the full debt, if not paid eartier, due and payable on sale of property I refinanoe, or loss of homestead ex_ption . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications; (b) the payment of all other sums, with interest advanced under paragraph 1 to protect the security of the Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby second mortgage, grant and convey to Lender the following described property located in Collier County, Florida. As more particularty described as Lot 48, Chartae Estates, Collier County, Florida and which has the address ot. ("Property Address"): 14618 Apalaohee Street, Naples, Florida 34114 TOGETHER WITH all the Improvements now or hereafter erected on the property, and all easements, rights. appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by the Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property". BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the tille to the Property against all claims and demands, su~m~ra_nces of record. THIS SECURITY INSTRUMENT combines uniforilJ Cb~riants.w(nation~'Use and non-uniform covenants with limited variation by jurisdiction to constitute a uniform security instrume~t#Jj~lIrpropejW>~ V,>, UNIFORM COVENANTS. Borrower and,Lemm,covenant and agree as'klflol!ls~\, . 1. Payment of Principal and Interes~;PfepaYment and Late Charges. ~rrower: shall promptly pay when due the principal of and interest on the debt eVIdenced by the Note. ,I I ~~ \ \ 2. Taxes. The Mortgagor will pay aIr tax~, asSess~.1 nts, se wer 'Fe,. ~ ~. ter \rates~prior to the accrual of any penalties or interest thereon. I I \.-............"----. ~ The Mortgagor shall payor cause t~ be ~,ilr~~/es~y' . cOm~ue, ( ,)(1) all taxes and govemmental marges of any kind whatsoever which may at any time be laWfully, assess.ilP ot.leViediailafMt.rir With tesptjct to ~he Property, (2) all utility and other charges, including "service charges", incurred or impoSedfllr t~ olXl'rati~n,ln:~fce, u~, ciccu~an9Y., upkeep and improvement of the Property, and (3) all assessments or other governmental ~rgj,~ lnabfn:iy 'iaWiUiiy' -' . >in insili~nlent~ ~I a period of years, the Mortgagor shali be obligated under the Mortgage to payor cause\tllbe, paid only such installmel'f;l~ as are reqiJihidjo be paid during the term of the Mortgage, and shall, promptly after the payment of any of the'(~ll,ing, forward to Mortgag~~ideh~;O~~h payment. 3. Application of Payments. UnlesSJ!lJ'Pll~ble law provides otheiWl~, all pl!y~ts received by Lender shall be applied: first, to interest due; and, to principal due: and last, to ariy t.lte 'Ollarges due under the Not~/ ,--,';' 4, Charges; Liens. Borrower shall pay 'a~ t{lXes,-.a,ssessments, char\l_e8;.,fi~s;lnd impositions attributable to the Property which may attain priority over this Security Instrument, and leasellqlJpay'ij1ents..ar..grollnd'"%ept~>jf..any. Borrower shall promptly fumish to Lender all notices of amounts to be paid under this paragraph, and'all.re~ipt&-.evid!!ll~hll".payments, Borrower shall promptly discharge any lien which hB's-priilili)i::awr;'ihllrSeCUrity Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If lender determines that any part of the Property is subject to a lien which may attain priority over the Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 1. At all times that the Note is outstanding, the Mortgagor shall maintain insurance with respect to the Premises against such risks and for such amounts as are customarily insured against and pay, as the same become due and payable, all premiums in respect thereto, including, but not limited to , all-risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire, lightning, and other casualties customarily insured against (including boiler explosion, if appropriate), with a uniform standard extended coverage endorsement, including debris removal coverage. Such insurance at all times to be in an amount not less than the full replacement cost of the Premises, exclusive of footings and foundations. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the pOlicies and renewals. If lender requires, Borrower shall promptly give to lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and lender's security is not lessened. If the restoration or repaIr is not economically feasible or lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by the Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 3Ck:lay penod will begin when the notice is mailed. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraph 1 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Securliy Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's loan Application, Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in defau~ if any forfeiture action or proceeding, whether civil or criminal. is begun that in Lender's good faith OR: 4269 PG:Ad~4~a Item No. 1605 January 11, 2011 judgment could result in forfeiture of the Property or otherwise materially Impair the lien created by this Security Instrument or Lender's ~ 22 of 36 interest Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith detennination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate infonnation or statements to Lender (or failed to provide Lender with any material infonnation) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provision of the lease. If Borrower acquires fee title to the Property, the leasehold and the tee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights In the Property. If Borrower fails to perfonn the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property, Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attomeys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shan become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. I. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an altemate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearty mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender reqUires) provided by an Insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable iaw. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower, In the event of a partial taking of the Property, in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the !!ums-sea:tred-in:1!Tlediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance-shtl~aiiiIOorr~. In the event of a partial taking of the Property in which the fair market value of the Property immediately bef~~'ibe ~t~~lInt of the sums secured immediately for the taking, unless Borrower and Lender otherwise agree in writi6o;Br bfrIess applicable 1a\Y~~rOvideS, the proceeds shall be applied to the sums secured by this Security Instrument whether or n91 tIii$llms are then due. Unless t-erlaer ~d Borrower otherwise agree in writing, any application of proceeds to principal shall not extend o,r/p,oslpor:le.ll)e due date of the mOnthly payments referred to in paragraphs 1 or change the amount of such payments. / / ~ ~\ \ \ 11. Borrower Not Released, Fo~aram:e By Le~..rJIOh Waiver.. ExtensiOfl of ~e time for payment or modification of amortization of the sums secured by this sec;!Jrity~~"t~ed,,~er\~Y '!!~ss~r in interest of Borrower shall not operate to release the liability of the original Borrower or Bo ,lwef's ~sd[S In int ", . st! ~n~f s~II ncrt be required to commence proceedings against any successor in interest or refuse t9 ext "d.tIme.Wr p~Yll'l8n~lo! o~se)no~ify ~r,no1ization of the sums secured by this Security Instrument by reason of any demand made t:iy1t!i,\O!lg~~..0r Bonnl'i!!r's ~s!)rfln' mterest. Any forbearance by Lender If! exercising any right or remedy shall not be a ~e{ of or preclude the ~xe~ of a~y rigl)i ~,.medy. 12. Successors and Assigns Bounc:. ".' :I.olnt and Several Llablllt}lj'P~o-SI9n. era...... The covenants and agreements of this Security Instrument shall bind and benefit the successo~~'"ssigns of Lender and ~~r, sU~ec;t.'to the Provisions of paragraph 17. Borrower's covenart\S,.l!lnd-{lgreements shall be joint anltseveral. Any Borrower who cc>-signs this Security Instrument but does not execute the Note; (a) is cO,~i!;!ni(lg. this Security Instrum~~t-6Il1Y 'r6'mortgage, grant and convey that Borrower's interest in the Property under the tenns of this Security InstriJn')ei)f;;illf'1&.Qflt personaUr.:.OOliQated'to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower maY'SQ.r~ IoftxteM;iiiOdify,.fctbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrowe1"s-~sentC I~--/ 13. Loan Charges. If the loan secured by this Security'iiiSiii:iillilnt is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan Charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the pennitted limit; and (b) any sums already collected from Borrower which exceeded pennitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by deiivering it or by mailing it by first class mail unless applicable law required use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given to Borrower or Lender when given as provided in this paragraph. 16. Governing Law; Severability. This Security Instrument shall be govemed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note confiicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one confonned copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest In Borrower. If all or any part of the Property or any interest in It is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercised this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies pennilled by this Security Instrument without further noiice or demand on Borrower. 11. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the eartier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures and default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attomey's fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fuliy effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servlcer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with *** OR: 4269 PG:Ad~4c1a*t;~ No. 1605 January 11, 2011 paragraph 14 and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which paymeliftage 23 of 36 should be made. The notice will also contain any other information required by applicable law. 20. HlIDrdous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice for any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the dale specified in the notice, Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument without further clemand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, reasonable attomey's fees and costs of the title evidence. 22. Retene. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument, without charge, to Borrower. Borrower shall pay any recordation costs. 23. Attorneys' Fees. As used in this Security Instrument and the Note, "attomeys' fees" shall include any attomeys' fees awarded by an appellate court. 24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument. the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as If the rider(s) were a part of this Security Instrument. (Check Applicable Box) o Adjustable Rate Rider 0 Rate Improvement Rider 0 Condominium Rider o Graduated Payment Rider 01-4 Family Rider...---:-_ 0 Second Home Rider o Balloon Rider 0 BIWeekly payme{RI~ C(~lanned Unit Development Rider o OIher(s) (SpeCify ~'6\./'-~V);~ I c>/ '-ZJ- \ SIGNING BELOW, Borrower accepts and agrees to thelleTmSlmll covenants R?ntain~~n thiS Secunty Instrument and In any rider(s) executed by Borrower and recorded with it. I / ~ ~'J' . \ I =-I -~"irc@w\\~. .J)~ \... J. \. . ----- '--::::-eOI'l'OWel'. r;. s: . .- H. \" 1(. ,""/ ---r0 ." \ --"11c / - / )..~. /-. \, Signature'?~~ . /' ~,r '\:{ r~ Co- Borrower ./ ,Ci . dia R. ". ; .."" ~< \". / .... 'I' ',. ____------<\..\ /" " I 'f-l'~ r":P' l >~ ......,::. t .Mo(ElSS.,..... .14-618 Apalachee Street ---------Naples, Florida 34114 os-Florez STATE OF FLORIDA I, COUNTY OF Co/lid I hereby certify that on this day, before me, an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgements, personally appeared Cesar H. Castellanos-Florez and Claudia R, Sanchez-Calderon, to me known to be the person{s) described in and who executed the foregoing instrument and acknowledged before me that (He/ she/they) executed the same for the purpose therein expressed. "::>~ ,20~. My Commission Expires: 0 (3 ( l q / zol D (Seal) . ~~"'^^" .... ;,...., ..,.~, )- .) ,-~~::~._.' ~'>'J"..". 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"___ Public Services Division Housing, Human & Veteran Services November 19, 2010 To: Norma Lora-Trejo Habitat for Humanity Via Email From: Collier County Housing, Human and Veteran Services Department Priscilla Doria Re: Rigoberto Tovar and Odette Tovar File # 06-059 12247 Fuller Lane Naples, FL 34113 Recorded on 4/13/2007, OR Book 4213, Page 1630. Dear Norma- The payoff amount to satisfy the above mentioned property owner's loan with Collier County is $20.000.00*. This is a zero (0) interest loan with no payments, therefore the payoff will remain the same regardless of date. This loan was given for the assistance in the purchase of their home and is payable upon sale, refinance, or loss of homestead exemption. *Loan amount is reduced bv 52.500.00 because homebuvers did utilize the emeraencv rehab funds. Payment should be made to "Collier County Board of County Commissioners" and delivered to: Collier County Government Housing, Human and Veteran Services 3301 E. Tamiami Trail Bid H, Suite 211 Naples, FL 34112 Please contact me if you have any questions 239-252-5312. Thank you, P'Zi4dtta Vo.w, Loaa P~ IIollsing, 0 lluman'and . Veteran,Services . i "', of CO!:!2T Coumy 3301 East Tamiami Trail' Health Building' Napies. FL 34112 239.252.C;4RE (2273) .239 252-HOhiE (4663). 239-252-CAFE (2233). 239-252~RSVP (7787). 239~252~VETS (8387) . VIV-tvv,coniergov.net/humanservices 4002645 OR: 4213A~~hdl~~No. 1605 mOlDlD in omCIlL mOlDs of cOLtm ffi!lltbafly 11, 2011 SECOND 04/13/Z007 at OZ:l1Pl DIIGIIT I, nOCI, CLBIII Paae 26 of 36 MORTGAGE OBLD moo;oo om zmo.oo m fD Z7,oo letn: paRTIR DIGIIT If lL 5801 P!LIeu BlI BLVD '300 IArLIS PL 34101 zm THIS SECOND MORTGAGE ("Security Instrument") is given on March 16, 2007. The Second Mortgagor is: Rigoberto Tovar and Odette Tovar, Husband and Wife ("Borrowe"). This Security Instrument is given to Collier County ("Lende"), which is organized and existing under the laws of the United States of America. and whose address is 3 0 5 0 North Horseshoe Drive, Sui te 110, Naples, F1.orida 34104. Borrower owes Lender the sum of Twenty Two Thousand Five Hundred Do1.1.ars and No/100ths Dollars U.S. $ 22,500.00.00). This debt is evidenced by Borrower's Note dated the same date as this Security Instrument ("Second Mortgage"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on sale of property, refinance, or loss of homestead exemption . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications; (b) the payment of all other sums, with interest advanced under paragraph 7 to protect the security of the Security Instrument; and (c) the performance of BorTll\Nef's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby second mortgage, grant and convey to Lender the following described property located in Collier County, Florida. As more particularly described as Lot 27, Block A Habitat Village, Collier County, Florida and which has the address of: ("Property Address"): 12247 Fu1.ler Lane, Naples, Florida 34113 TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral. oil and gas rights and profits, water rights and stock and all fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by the Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property". BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, sU~~bl:ances of record. THIS SECURITY INSTRUMENT combines UnifOrm ~e/llants..tOLJ.al'tioliat-llse and non-uniform covenants with limited variation by juriSdiction to constitute a uniform security instrume[,lt:~~~-r&aJ prope71~..:~y ~ ~', UNIFORM COVENANTS. Borrower and'LelldWcovenant and agree as'iQlIows:., 1. PByment of Principal and Intere$t;' Plepayment and Late Charges.li~>rr~r shall promptly pay when due the principal of and interest on the debt evidenced by the Note. / /~:-----. r-, \ \ . . . 2. Taxes. The Mortgagor will pay ~I taxes, alWi~.ts, sewer renls or wate~rate~ prior to the accrual of any penaltIes or Interest thereon_ / I r.;;;:::'L.--:~ h c::-' \ The Mortgagor shall payor cause fo be~"cvaS\lIF ~",e r. iveiy be60~/!! ,ue, (AX1) all taxes and governmental charges of any kind whatsoever which may at any time be l~ul : as;sesstld cf leVie. , . r ~itn'~sp~ tq the Property, (2) all utility and other charges, including 'Servlce charges", Incurred or ImpOs~ ,or tIl.:~~t~nJ.~I1'-~nce.' u~e~ jlCc~cr, upkeep and Improvement of the Property, and (3) all assessments or otller govemmental charll6S'1t'at:ffiay 18MUlIY oe.parQ In Instalifilen!S;t;!lIlI" a period of years, the Mortgagor shall be obligated under the Mortgage to pay or caus~ 'to y~ paid only such installmE!l;!~ as ate r~Ul'rilit'to be paid during the term of the Mortgage, and shall, promptly after the payment of any of the,ftjr~ng, forward to Mortg~evid/!!n~Qt'5\JCh payment. 3. Application of Payments. Unlesl;,1"lJ. :ti~ble law provides othe~,e, ~1I.~il\I~ents received by Lender shall be applied; first, to interest due; and, to principal due; and last, to ail(l,ate 'Cl)arges due under the NO~ \...-j 4. Charges; Liens. Borrower shall pay all ~s.,...assessments, cha!~,fil'1l3$'3nd impositions attributable to the Property which may attain priority over this Security Instrument, and leas'eh~6>p~ts..o!:.grotJl1O.re!!ts;jfany. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph, and'all,~iP~e'tCl~::lbl,.pa~ments. . .. Borrower shall promptly discharge any hen which has-'Png~ver1l'lIs Secunty Instrument unless Borrower: (a) agrees In wnbng to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lende~s opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over the Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance, This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carTier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. At all times that the Note is outstanding, the Mortgagor shall maintain insurance with respect to the Premises against such risks and for such amounts as are customarily insured against and pay, as the same become due and payable, all premiums in respect thereto, including, but not limited to , all,risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire, lightning, and other casualties customarily insured against (including boiler explosion, if appropriate), with a uniform standard extended ooverage endorsement, including debris removal coverage. Such insurance at all times to be in an amount not less than the full replacement oost of the Premises, exclusive of footings and foundations. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss. Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by the Security Instrument, whether or not then due, With any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 3o-day period will begin when the notice is mailed. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraph 1 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance poiicies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application, Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property. allow the Property to deteriorate. or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding. whether civil Or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security OR: 4213 P~~e~Q~4tem No. 1605 January 11, 2011 interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismisSege 27 of 36 with a ruling that, In Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations conceming Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provision of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal prOCeeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for wIlatever is necessary to protect the value of the Property and Lender's rights in the Property, Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7. Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear Interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8, Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10, Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property, in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the follOWIng fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance ~!d=fC[:8Gr:(9Wer, In the event of a partial taking of the Property in which the fair market value of the Property. immediately befor~he;ta~Fig,ilNeSs,~~~~.~unt of the sums secured immediately for the taking, unless Borrower and Lender otherwise agree In wnbpg.q('t!~S1liPPilcabli!'faW dt~e proVides, the proceeds shall be applied to the sums secured by this Security Instrument whether or noyt6e~rnS are then due. Unless.J:fe~r.,and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend bF)lOstpone the due date of themo,nthl~..payments referred to in paragraphs 1 or change the amount of such payments. / 1_::;--.....__. \ \ 11, Borrower Not Released, Fomearance By.t.-eRder Not a WBwelo. Extens'iQn of 'the time for payment or modification of amortization of the sums secured by this Secprity Instrument g;:~tjo~.2OQ.~r~o anY sueces~or in interest of Borrower shall not operate to release the liability of the original Borrower or Bonhwe~p&i;"S~iS,n lnt!lfllst\'e~~all not be required to commence proceedings against any successor in interest or refuse t~ e. xt~d time (qr P,Ynient)Ot oi~\s~\m~1fy ~m. ort.ization of the sums secured by this Security Instrun~ent by reas?n of any de"2a~d made , )h~I~ig1(l~~~l/rro\~1, ~f Ejoripwer's S,Lo~s~~n!interest. Any forbearance by Lender in exerCIsIng any nghl or remedy slIa" not be a ~a'Yer oU:i;:..preeluae:.tne ~se of IIIllf"R!lnlm;J~eoy. 12, Successors and Assigns BoJrtif;' Joint and Several Liablllty~ .Co-Si,gner:S::-rt;ie covenants and agreements of this Security Instrument shall bind and benefit the successerlf"an\t assigns of Lender and ~eT, su~ilo the Provisions of paragraph 17. Borrower's coveninitf..ailQ agreements shall be Joli1tanil !lflV~v. Any Borrower who co-signs this Security Instrument but does not execute the Note; (a) is bp<iigrnQg this Security Instrumenl'Or;ly..to .mortgage, grant and convey that Borrower's interest in the Property under the tenns of this Security Inslr~~~~~(.bJ. is not personally pb1fg~,(o pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may' agree~edl1Y,"'orbea'r or make any accommodations with regard to the tenns of this Security Instrument or the Note without that BorrowB!''' (,bpsentC1R \,;,.;::-/ 13, Loan Charges. If the loan secured by this SecOrily-lnS1rllmSAI-i$' subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the pennitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices, Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law required use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security instrument. If Lender exercised this option. Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice IS delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period. Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain condi~ons, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as jf no acceleration had occurred; (b) cures and default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorney's fees; and (d) takes such aelion as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligatIon to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no accelera~on had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Service"") that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer. Borrower will be given written notice of the change in accordance with paragraph 14 and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. ttt OR: 4213 P~~lt~rttNo. 1605 January 11, 2011 . Paoe 28 of 36 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, Of release of any HazardOtiS Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmentat Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small Quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice for any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, Of is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic Of hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petrOleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a) the default; (b) the actjon required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument. foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceedIng the non-existence of a default Of any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice, Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, induding, but not limited to, reasonable attorney's fees and costs of the title evidence, 22. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument, without charge, to Borrower. Borrower shall pay any recordation costs. 23. Attorneys' Fees. As used in this Security Instrument and the Note, "attorneys' fees" shall include any attorneys' fees awarded by an appellate court. 24. Riders to this Security Instrument If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. (Check Applicable Box) o Adjustable Rate Rider 0 Rate Improvement Rider 0 Condominium Rider o Graduated Payment Rider 01-4 Family Rider 0 Second Home Rider o Balloon Rider 0 Biweekly Payment R,der 0 Planned Unit Development Rider o Other(s) (specify ~~U~ ,~6v>-~j,~ SIGNING BELOW, Borrower accepts and agreesAl'tlJe)erms and covenants contalnedln thiS Secunty Instrument and In any rider(s) executed by Borrower and recorded With It I ,I ~ \ \ II' ~'\ . Signed. sealed and deltvered In the presence ~f. / Ut~____~ \ \ Ei:t/l L L f' "'?\J /~, ~r",i'I ~'~5/JJJ.....j;, ----I Witness#1: '0 er-.J/p...I {"ft!-rrly",- II \ / ( lSignllturil: ) \\1Z;b;':'~;o"'-; (/<.--(~ n ~ ( j it \ 1\, ;Bon'o~""" ~ gObefto Tovar SIQnature: -L?,.-." QA r:r A \....-1 \.) / J 'Y ~ ,_ I . r-, , W;tness#2:~MtiIf ~ ~)~ ~ig=l-~ /7)\JeA t4 \ (I .t J ,~ , Co- BorrowAi' I I!.tte Tovar SIgnature' A /\-.H1 " r u S'4.. C "',\, .x:.. '. . .......). / \"., / .., "-- / - , '-", () ~~ ...~.(.'\~ ,/ ..../.'" ,:-Add[ess+;,f-2~_lIJ''Fuller Lane -"':""".:!..1/ F~ Cll...,Naples, FL 34113 STATE OF FLORIDA ___..:.::.....-=:..:--- COUNTY OF CO LL IE- (L I hereby certify that on this day, before me, an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgements, personaliy appeared Rigoberto Tovar and Odette Tovar to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that (He/ she/they) executed the same for the purpose therein expressed. ,20..ll. (Seal) NORMA LORA,TREJO :l;J~ loll' rOMMlSSIO~' D 590m ".,/ E..X/'IRES; Au,;"" 2, 2010 l::tl'iOfAJt..... F1.hQuryOl~IAa;o.:.CQ File#: 06-059 Agenda Item No. 1605 January 11, 2011 Page 29 of 36 COLLIER COUNTY GOVERNMENT PUBLIC SERVICES DIVISION Housing & Human Services 3301 E. Tamiami Trail, Bldg H, #211 Naples Fl34ll2 August 10,2010 To: Lenders Reverse Attn: Lori From: Collier County-Housing & Human Services Re: Victoria Lowery 3600 14th Street N. Naples, FL 34103 The payoff amount to satisfy the above mentioned property owner's loans with Collier County is: SHIP Rehab Funds OR 4158 PG 2999 $14, 702.00 SHIP WILMA Funds OR 4236 PG 0923 $ 4, 640.00 The down payment assistance is a fixed sum that carries no interest. WE DO NOT ACCEPT SETTLEMENTS ON ANY FUNDS OWED TO THE COUNTY. FlTNDS l'vlUST BE REPAID IN FULL. Payment should be made to "Collier County Board of County Commissioners" and delivered to Collier County Housing & Human Services Attn: Priscilla Doria 3301 Tamiami Trail E, BId H, #211 Naples, FL 34112 Please contact me if you should have any questions 239-252-5312 Thank you, PI"/~ei!'fa [)(Jl"ia SHIP Loan Processor Housing & Human Services Phone (239) 252-4663 Fax (239) 252-6518 Retn: HOUSING & GRANTS CBDG HORSESHOE DR UTI: iBNDY nopp QULJJJj UK: 4,jb PG: U~lJ RBCORDBD in the OPPICIAL RECORDS of COLLIER coum, PL 05/30/2007 at 03:01PM DWIGHT B. BROC~, CLBlI Aaenda Item No. 16D5 OS&D Ja~~~r~ 11, 2011 OBLI ~dl~ 30 of 36 KlC PII ' n:-o..- DOC-.35 17.50 roJlM 0 MORTGAGE THIS MORTGAGE ("Security Instrumenr) is given on May 23,2007. The Mortgagor is: Victoria C Lowery, a sinq~. woman ("Borrower"). This Security Instrument is given to Collier Count y ("Lender"), which is organiZed and existing under the l8WSofthe United States of America, and whose address is 3050 North Horseshoe Drive 11110, Naples, Florida 34104. BorrowerC7tNesLenderthesumof Five Thousand Do~~ars no/100 (U.S.$ 5,000.00). This ,debt is evidenced by Borrower's Note dated the same date as this Security Instrument ("Wilma Disaster Funds"). which provides for monthly payments, with the full debt, If not paid earlier, due and payable on sa~e of property, refinance, or ~o.s of homes tead exemption . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all ..-Is, extensions and modifications; (b) the payment of all other sums, with interest advanced under pa~raph 7.to protect the sea.rrity of the Security Instrument; and (c) the parfonnance of BorrD\Ner's lXlvenants and agreements under. thIS Sec~Jnty Instrument and the Note. FOJ'this purpose, Borrower does hereby second mortgage, grant and lXlnvey to Lender the followmg descnbed property located in Collier Count V, Florida. More particularly desaibed as: Lot 2, Block 1. Gulf Acres. per Plat Book 1. page 111. public Records of Collier County Florida. Follotl471174440005 and IMlich has the address of ("Property Address"): 3600 14th St N. "-, Naples, F1 34103 ICIy) 1_' I""" TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter a part of the property. All replacements and additions shall also be lXlvered by the Security Instrument All of the foregoing is referred to in this Security Instrument as the "Property". BORROWER COVENANTS that BorrD\Ner is lawfu~lbll estate hereby conveyed and has the right to mortgage, grant and lXlnvey the Property and that the Property is unencuni~xl@ll'I'~r.rbrances of reaml. BOrrD\Ner warrants and will defend generally the title to the Property against all daims ~ alfm~b-a,mt,ef1cumbrances of record. THIS SECURITY INSTRUMENT rombitl€i1lli1OOi1lXlvenants for ~nat<.l6e..and non-unlform lXlvenants with limited variation by jurisdiction to lXlnstitute a uniform security insJnJ~. I)f..oovering real property. "'-- r \ UNIFORM COVENANTS. Borrower and,ljllldeu;Q~nant and agree as fOlIOWS\ 1, Payment of Principal and Int8rest;,flnii!l!yment imu1::ate'(;fi~rges, BOrrower shall promptly pay when due the principal of and interest on the debt evidenced by the 1'4ote-l "'\...._...r.\ \ \ \. . . 2, Taxes. The Mortgagor will PI!Y all ~esSl'lll!lnts, SVWlll:Tl!n~r.ates pnorto the accrual of any penalties or Interest thereon. The Mortgagor shall pay or cau~ to J( paid, ~~e(sa~e ~J~~y~1 Jue, Jx 1) all taxes and governmental charges of any kind whatsoever which may al any tim€'bel,lewfut~,(.a9l;~..6r Jevllid again!;!. ~.'Ih'T!!sjJect to t~e Property, (2) alll.!ti!it}' and ot~er charges, induding "service charges", inculr8Ef.o~ irTIpoSed forlJi6operatio~aintenaiice': USl3r occupancy, upkeep and improvement of the Property, and (3) all assessments or oth6r:\~mental charges that mlly~lawf~lly ~.gai~ in installments over a period of years, the Mortgagor shall be obligated under the MortgllQ$ to, payor cause to be paid~u.ch inlllllUrnents as are reqUired to be paid dunng the term of the Mortgage, and shall, promptly after th&.p~~ent of any of the foregoin9,'f~rcf l!l)l?lortgagee evidence of such payment. 3. Application of Payments. UnlesS-.appliCable law provides otherwise; all ~ents received by Lender shall be applied; first, to interest due; and, to principal due; and last, to aiiy..Iat.e,...tlerges due und~.:N~>/ 4, Charges; Uens, BorrD\Ner shall pay aih~'es/as~S1TleI:j~ige$o'fiiies and impositions attributable to the Property which may attain priority over this Security Instrument, and lea~~!..pfiyn{e~d rents, if any. BOrrD\Ner shall promptly furnish to Lender all notices of amounts to be paid under this paragraph, and all receiPtS evidencing the payments. BorrD\Ner shall promptly discharge any lien which has priority over this Security Instrumenl unless Borrower. (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable 10 Lender; (b) lXlntests in good faith the iien by, or defends against enforcemenl of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over the Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice, 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards induded within the term "extended lXlverage" and any other hazards, induding floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires, The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be Urveasonablywithheld. If Borrower fails to maintain lXlverage described above, Lender may, at Lender's option, obtain lXlverage to protect Lender's rights in the Property in 8CXXlrdance with paragraph 7. AI all times that the Note is outstanding, the Mortgagor shall maintain insurance with respect to the Premises against such risks and for such amounts as are customarily insured against and pay, as the same become due and payable, all premiums in respect thereto, induding, but not limited to , all-risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage 10 the Premises by fire, lightning, and other casualties customarily insured against (induding boiler explosion, If appropriate), with a uniform standard extended lXlverage endorsement, induding debris removallXlverage. Such insurance at all times to be in an amount not less than the full replacement lXlSt of the Premises, exclusive of footings and foundations. All insurance policies and renewals shall be acceptable to Lender and shall indude a standard mortgage dause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Bonower. Unless Lender and Borrower otherwise agree in writing. insurance proceeds shall be applied to restoration or repair of the Property damaged. if the restoration or repair is economically feasible and Lender's security is not iessened. If the restoration OJ' repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied 10 the sums secured by the S8QJrity Instrument, lMlether or not then due, with any excess paid to Borrower. If BOrrD\Ner abandons the Property, or does not answer within 30 days a notice from Lender that th& insurance carrier has offered to settle a daim, then Lender may lXlllect the insurance proceeds. Lender may usa the proceeds to repair or restore the Property OJ' to pay sums S8QJred by this Security Instrument, whether OJ' not then due. The 30- day period will begin when the notice is mailed. Unless Lender and BOrrD\Ner otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraph 1 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, BOrrD\Ner's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender 10 the extent of the sums secured by this Security Instrument immediately prior to the acquisition. ~CI>I,jed . wp 1 I'OlQ( 0 OR: 4236 Pe.~e&9,i4Item No. 1605 January 11, 2011 Page 31 of 36 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application, Leaseholds. Borrower shall occuPY. establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy. unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy damage or impair the Property, allows the Property to deteriorate, or commit waste on the Property. Borrower shall be in default If any forfeiture action or proceeding, whether civil or aiminal. is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 1 B. by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default If EIorrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lenderwith any material information) in connection with the loan evidenced by the Note, induding, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provision of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender'1I Rights In the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy. probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may indude paying any sums secured by a lien which has priority over this Security Instrument. appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. AIIhough Lender may take action under this paragraph 7. Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agl1l8 to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Inllurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument. Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-l1Ne1fth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, If mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becx>mes available and is obtained. Borrower shall pay the P[ll~i!!:d to maintain mortgage insurance in effect, or to provide a loss reserve. until the requirement for mortgage insurance}lntfS:-i~~ lOiI!h./;lny written agreement between Borrower and Lender or applicable law. /. \).~ 1J1li'~ 9. IllIIpection. Lender or its agent ry:r.:iX:",,~-feasonable enlnils:Jl~ ~,\d inspections of lIle Property. Lender shall give Borrower notice at the time of or prior to an in~1;pecifying reasonable cal:lSe.tor ~ inspection. 10. Condemnation. The proceeils or'~nv award or daim for damaQe5, direct or consequential, in connection with any condemnation or other taking of any part of \fie Prpp~.L.~for CoIwey;w;eJrtlieu of cdn,dem~, are ~ assigned and shall be paid to Lender. In the event of a total taking of the PropE!rty, llie pro~~,sRa1l be aPPlied to the,~ums secured by thiS Security Instrument, whether or not then due, with any excess paid to Borro~El.~4>f ~a1, lilkif1ll raf1l\e P~perty. in which the fair market value of the Property immediately before the taking is ~uar ~ of graa.ter pl~~. ~rfIG)ljInt bf1hes,~. ms\secufed by this Security Instrument immediately before the taking, unless Borrower and Larder RtheJwise ~r~ ill Wl,ltirgf.lhe'$u~ s'eCur,~ by fIlis Security.lnstru~nt shall be reduced by the amount of the proceeds multiplied bY\!he"fbllOWlOQ::frilI::tiQ..I)1(;J1 t/je iOtai amQ'untlof ltl$'$lJms secured IInmedlately before the taking. divided by (b) the fair market value of the P~1I1fmediate1yTlefor~t.taking~Ybaldl:!,ce shall be paid to Borrower. In the event of a partial taking of the Property in which the fa1rma~et value of the Property inlmediatbly b,eto~ the taking is less than the amount of the sums secured immediately for the taking. unless ~! and Lender Olherwis~.~ i~' W1jti!"9pyunless applicable law otherwise provides. the proceeds shall be applied to lIle sums securiC(P-Y-UliS Security Instrument Whelher ,01'"nQl the sums are then due. Unless Lender and Borrower otherwise agree in writing, any apph~tic;lp':'ltproceeds to principal ~tIc!li.n'Clt;B'xtend or postpone the due date of the monthly payments referred to in paragraphs 1 or change'the..~ of such paymepts:","-/ 11. Borrower Not Released, FOrbearift..~'B)"~O!l!r-N~~- lilver,';-Extension of the time for payment or modification of amortization of the sums secured by this Security InstrUmeottgfahie<(.!iY\.~ef-tOany successor in interest of Borrower shall not operate to release lIle liability of the original Borrower or Borrower's sUCeessors-m1n erest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by lIlis Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. SUCC811S01'11 and Assignll Bound; Joint and Several Liability; Co-Signel'll. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the Provisions of paragraph 17. BorJO\/\/8r's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute lIle Note; (a) is co-signing this Security Instrument only to mortgage. grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13, Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the pennilled limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the pennitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law required use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or dause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision, To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of lIle Note and of this Security Instrument. 17. Transfer of the Property or a Beneflciallnterelltin Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent. Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercised this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrowerfails to pay these sums prior to the expiration of this period. Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 2 ~c>'..Jed. wp Il'ORM 0 *** OR: 4236 PGf-~~ rIl~rtJ No. 1605 January 11, 2011 Page 32 of 36 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument diSCXll1tinued at any time prior to the eartier of : (a)5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this SeaJrity Instrument. Those conditions are that Bonower. (a) pays Lender all sums 1Mlich then VtOUld be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures and default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but notlimiled to, reasonable attomey's fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Sea..lrity Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acoeIeration under paragraph 17. 19. Sale of Note; Change of Loan Senricer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more tlmes without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Service,.) that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicar. Borrower will be given written notice of the change in accordance with paragraph 14 and applicable law. The notice will state the name and address of the new Loan Servicar and the address to 1Mlich payments should be made. The notice will also contain any other information required by applicable law, 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borro\Nllr shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law, The preceding \Wo sentences shall not apply to the presence, use, or storage on the Property of small Quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice for any investigation, claim, demand, Ill\l\ISuit or other action by anygovemmental or regulatory agency or private party inVOlving the Property and any Hazardous Substance or Environmental Law of 1Mlich Borrower has actual knowledge. If Borrower leams, or Is notified by any govemmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in aa:ordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde. and radioactive materials. As used in this paragraph 20. "Environmental Law" means federal Ill\l\IS and Ill\l\IS of the jurisdiction where the Property is located that relate to health, safely or environmental protection. 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date. not less than 30 days from the date the notice is given to Borrower, by 1Mlich the default must be cured; and (d) that failure to cure the defauK on or before the date specified in the notice may result in acceleration of the sums secured bYl!Jis-Secu~trumenl. foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borro\Nllr of .~if9tll Ii? r~s~;atter acceleration and the right to assert in the foreclosure preceding the non-eXistence of a default or any other--detlllJs$~~'eration and foreclosure, If the default is not cured on or before the date specified in the notice, Lender,!Il'jt(~~may require iii'inieCl'ilifepayment in full of all sums secured by this Security Instrument without further demand and may fO~~e)hls Security Instrument by)~1 'p(tlceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies prOvidec!~n this pi!ragraph 21, including~"but notJimited to. reasonable attorney's fees and costs of the title evidence. I / UL-- ~ II \ \ 22. Release. Upon payment of a)\ sums secureaby;this Securi.ylnsirument, Lendershall release this Security Instrument, without marge, to Borrower. Borrower shall pay~y r~~ ~ ~~)\~ <;7\ \ . 23. Attorneys' Fees, As used l~ thiS. ~.:t:.. ntY<lnStn;lm. ent ~nrfo,j...e Note~'.i. eys.' f~. " shall lndude any atto mays' fees awarded by an appellate court. I II {I I ) V \) Y J I 24. Riders to this Security Instrvm~nL 0 , . tl[ mO.l;e rj<lers lire execut . by ~r and recorded together with this Security Instrument. the covenants and agreementS qf..8<\cfi'sodi riderShall btiinti5i,\:xlrat&i>lmo ar)<!~1'1aI1 amend and supplement the covenants and agreements of this Security Instrument as 1fl!Jil nder(s) \NIlre a part of this 'Security! InstrUment. (Check Applicable Box) II \.~~'h J~~ Jim! LJ Adjustable Rate Rider \ I~~ Rate Improvement RidElr..J /. \l.,.:,I Condomimum Rider 11 \ r-," / \""'rL, LJ Graduated Payment Rider "Lf!:j'1'4.(~mlty Rider ..//~ '\. /LJ Second Horne Rider 11 ~:~' )~.;-;-----;::(..\..\~>,,/ II L..J Balloon Rider LJ &~FaY!TIentRh:fer/ LJ Planned Umt Development Rider 11 ""~~. LJ Other( s) (specify SIGNING BELOW, Borro\Nllr accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borro\Nllr and recorded with it. Signed. sealed and delivered in the pres~nce of: J /'. +-. ~ Witness Signature: ~ !:\ Signature: V ~ @--tL.t1 C. ~ \ t..\ Borrower Victoria C lowery Witness Print Name: ~~ Signature: Borrower Witness Signature: Witness Print Name: Address: 3600 14'" St N Naples, F1 34103 STATE OF Florida COUNTY OF _Coliier_ I hereby certify that on this day, before me, an officer duly authorized in the state aforesaid and in the county aforesaid to take aCknowiedgements, personally appeared Victoria C ~wery to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that H~ THEY executed the same for the purpose therein expressed. WITNESS my hand and official seal in the County and State aforesaid this May 23. 2007. (SEAL) Wendv Kloof Notary's Printed Name I<I.OPF 'I MY COMMISSION' IlL ,;, ,;7dF. II EXPIRES: Apli112, ::rt:<; _ThnI-.y"""_..",,., My Commission Expires: oO(:bpJed.wp 3 Retn: HOUSIKG i GRARTS CIDG HORSISHOI DR ATTI: VlRDr ItOP1 J~JU1UJ UK: qlj~ PU: l~~~ RICORDBD in the OPPICIAL RECORDS of COLLIlR coum. FL 12/2212006 at 12:SJPM DlIIGHT I. BROCE, CLm Agenda Item No. 1605 OBLD JanOGtJ1D 11, 2011 OBLI l~!JGl 33 of 36 RIC PI! 27.00 DOC-,3S 52.50 I'OIlM 0 SECOND MORTGAGE THIS SECOND MORTGAGE ("Security Instrumenr) is given on December 1f.2006. The Second Mortgagor is: VICTORIA LOWERY, a single woman ("Borrower"). This Security Instrumentis given to Coll i er Coun t Y ("Lender"), which is organized and existing under the laws of the United States of America, and whose address is 3050 North Horseshoe Drive # 110, Naples, Florida 34104. Borrower owes Lender the sum of Fifteen Thousand Dollars (U.S. $ 15,000.00). This. debt is evidenced by Borrowefs Note dated the same date as this Security Instrument ("Second Mortgage"), which provides for monthly payments. with the full debt, if not paid earlier, due and payable on sale of property, refinance, or loss of homestead exemption. This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications; (b) the payment of all other sums, with interest advanced under paragraph 7to proteclthe seaJrity of the Security Instrument: and (c) the performance of BorroWlll's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby second mortgage, grant and convey to Lender the following described property located in Co 11 i e r County, Florida. :Lot 2, Block 1, Gulf Acres, per plat in Plat Book 1, Page 111, and Public Records of Collier County Florida. Folio' 47974440005 and which has the address of ("Property Address"): 3600 14 cr, S tN. '-I Naples, Fl 34103 ICjy)(.....I(...~ TOGETHER WITH all the improvements nC!\!l<J1"1~r~r ~!a~1he-property, and all easements. rights, appurtenances. rents, royalties, mineral, oil and gas rights and profits, wate'rii9\1lsl;;t\:iiktock-eRa...al(JI'l4u~es now or hereafter a part of the property. The Security Instrument shall also cover all replacements an.o;]I@ltyn!f. All of the foregOihg"i~rEt!FI'ed to in this Security Instrument as the "Property". BORROWER COVENANTS that B~1'S lawfully seized of the estatel1erebr conveyed and has the right to mortgage, grant and convey the Property and that the Property is un~CUIll!lered. except for encum'branCElli of record. Borrower warrants and will defend generally the ~tle to the Property against a~ claims ansUiemantls;-sobjeGl.flliany enclJrnbra'lces of record. THIS SECURITY INSTRUMENT c:ombines uniiOifTt covenants for national use. and non-uniform covenants with limited variation by jurisdiction to cons~lute a uniform securitY instlu~v~I~,4 ( '57\ \ UNIFORM COVENANTS. Boriowe~,an(:(Lenl!er 9Ov~nantr.~,!a9JB~.aS~~IIcr.ys: : 1, Payment of Principal and I~. I8mt; "repaY'". ent ,md ija. te:eti. . ar,",." s. Borrpy;er shall promptiy pay when due the principal of and interest on the debt evidenced by the I4tlte\ v) \. V .I) If.. ll! i-' I 2. Taxes. The Mortgagor will pay_alllaxes.assessments, sewewents ot,wate~niles prior to the accrual of any penalties or interest th \ \ \ '-' ) I --j ereon. \ v""'\ -M,; __) I The Mortgagor shall pay or cause1~paid. as the same respectivii!Y ~m~u.e, (AX1) all taxes and govemmental charges of any kind whatsoever which may at any ~me''b~ully assessed or levied agai9's~.or~tf( respect to the Property. (2) all u~lity and other charges, including 'service charges", incurred'~I'Ii"1~S~d for the operation. ma..lolliqal\'~. use, occupancy, upkeep and improvement of the Property, and (3) all assessments or other gove~~arges that maY1~\JI!y.'be paid in installments over a period of years, the Mortgagor shall be obligated under the Mortgage top~~ orAujelO~ ~!~uCh installments as are required to be paid during the term of the Mortgage. and shall, prompUy after the payment iJf-aQY.!otlht!jD~gjr.19;'forward to Mortgagee evidence of such payment. 3. Application of Payments. Unless applicable lawproviaeS otherwise, all payments receIved by Lender shall be applied; first. to interest due; and. to principal due; and last, to any late charges due under the Note. 4. Charges; Liens, Borrower shall pay all taxes, assessments, charges, fines and imposi~ons attributable to the Property which mayaltain priority over this Security Instrument, and leasehold payments or ground rents. if any. Borrower shall promptiy furnish to Lender all no~ces of amounts to be paid under this paragraph, and all receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority overthis Security Instrument unless Borrower. (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by. or defends against enforcement of the lien in. legal proceedings which in the Lendefs opinion operate to prevent the enforcement of the lien; or (c) seaJres from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien, which may attain priority over the Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. S, Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lendefs approval. which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lende~s option. obtain coverage to protect Lendel's rights in the Property in accordance with paragraph 7. At all times that the Note is outstanding. the Mortgagor shall maintain insurance with respect to the Premises against such risks and for such amounts as are customarily insured against and pay. as the same become due and payable. all premiums in respect thereto. including, but not limited to, all-risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire. lightning. and other casualties customarily insured against (including boiler explosion. if appropriate). with a uniform standard extended coverage endorsement, including debris removal coverage. Such insurance at all Umes to be in an amount not less than the full replacement cost of the Premises, exclusive of footings and foundations. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires. Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss. Borrower shall give prompt no~ce to the insurance carrier and Lender. Lender may make proof of loss if not made promptiy by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restora~on or repair is economically feasible and Lendefs security is not iessened. If the restoration or repair is not economically feasible or Lendefs security would be lessened. the insurance proceeds shall be applied to the sums secured by the Security Instrument. whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settie a claim. then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument. whether or not then due, The 3Q. day period will begin when the notice is mailed. Unless Lender and Borrower otherwise agree in writing. any applica~on of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraph 1 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender. Borrowe~s right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this SeaJrity Instrument immediately prior to the acquisition. 1 C"I:J,ed.\I,,'p FORM 0 OR' 415B~ndm~'Am No. 1605 , , ,,"'JWJ8ry 11, 2011 Page 34 of 36 6. Occupancy, Preservation, Maln18nance and Pro18ction of the Property; Borrower's Loan Application, Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this SeaJrity Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating ciraJmstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, allows the Property to deteriorate, 0( commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a defaull and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith detennination, precludes forfeiture of the Borrower's interest in the Property or other material impainnent of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate infonnation or statements to Lender (or failed to provide Lender with any material infonnation) in connection with the loan evidenced by the Note, induding, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on leasehold, Borrower shall comply with all the provision of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7, Protection of Lender's Rights In the Property. If Borrower fails to perfonn the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for \I\ot1atever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may indude paying any sums secured by a lien, which has priority over this Security Instrument, appearing in court, paying reasonable attomeys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other tenns of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. B. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Bonower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason. the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. ~ reserve payments may no longer be required, a1the option of Lender. if mortgage insurance coverage (in the amount and for!tle.~..'tl ~Jllf..(. equires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall ~ lll!~.lt~rdql!ii{~AD;~ntain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insyr8~s-ln accordaiii:e-wQt\' atIY \\(linen agreement between Borrower and Lender or applicable law. . / ()---Y . "'-.1- \. . . 9. Inspection. Lender or Its ag9f1t ri'T!Iy make reasonable entnes uPOI1, and1[1spectlons of the Property. Lender shall give Borrower notice at the time of or prior to al}lnspedi6[fSpecifYi1:lg.reasQ!1all~ cause fQr the'~nspection. 10. Condemnation. The proi:eedsl of ~rd oJ:..Ciaim for ,damageS, direct or consequential, in connection with any condemnation or other taking of any part cjf the P~l or to\.cti;lV~ ~ ~emn~tion, are hereby assigned and shall be paid to Lender. In the event of a total taking of thi' p.ro iI~ln ~lpf~. ssh 8.1l1:i6..-.. apPlied. 'to }J1., e 'sums' secured by this Security Instrument, whether or not then due, with any excess paid tei Borrttwe. In 1/1e !'vent cf $ ~ ta1ungpf ttle Pr9perty, in which the fair market value of the Property immediately bef~re the taking .isl, li'Il!~.~o r W:9a.t,e~_~n )lieJa~unt of !be ~um~ ~red by this Security Instrument immediately before lhetaiung, unless tlonower and L.enoerotherwrse agree1fl WIfti~e SUlTlS'Secu,reQli>t this Security Instrument shall be reduced by the amount of the proceeds multiplied bY\tF.Ie following fraction: (a) the toial amo~nt ot't~lsums secured immediately before the taking, divided by (b) the fair market value of the P{l(~itv immediately before the#~pg. ;..ny1J.ata.?Ce shall be paid to Borrower. In the event of a partial taking of the Property in which the fai~81, value of the Property ini'i;l\ediat~y.before the taking is less than the amount of the sums secured Immediately for the taking, unless BO~!ller'lI~d Lender otherwise agree;Jfl.~ or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured.b(t}lls~ecurity Instrument ,wh;e,ttll!rQf not the sums are then due. Unless Lender and Borrower othEllWise agree in writing, any applicatiopM PfO'Ceeds.~Cipat\~h~l..not extend or postpone the due date of the monthly payments referred to In paragraphs 1 or change the 8m.oori-?'f ~ctr p~~en!l>/ 11. Borrower Not Released, Forbearance Byi-eriaerJilOt-..waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in Interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or predude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several liability; Co-Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the Provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note; (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the tenns of this Security Instrument 0( the Note without that Borrower's consent. 13, Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted Ii mits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded pennitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be trealed as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in thiS Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicabie iaw required use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice 10 Lender shall be given to Borrower or Lender when given as provided in this paragraph. 15. Goveming Law; Severability. Federal law and the law of the jurisdiction in which the Property is located shall govern this Security Instrument. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower, If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lend81's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However. Lender shall not exercise this option if federal law as of the date of this Security Instrument prohibits exerCIse. If Lender exercised this option, Lender shall give Borrower notice of acceleration. The notice shall provide a periOd of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. ~";b..!ed. wp 2 FORM 0 *** OR: 4158 ~ncOOatrtk*'t. 1605 January 11, 2011 Page 35 of 36 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the eariier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower. (a) pays Lender all sums which then v.ouId be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures and default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, induding, but not limited to, reasonable attomey's fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Bonower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19, Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicel") that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in aa:ordance with paragraph 14 and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also oontain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding l\W sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice for any investigation, daim, demand, lawsuij or other action by any govemmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower leams, or is notified by any govemmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances' are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any oovenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides olhelwise), The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured b~~. ri Ilnnsstrument, foreclosure by judiciai proceeding and sale of the Property. The notice shall further inform Borrower of)Rlf~ 1/El1rJs~~fter acceleration and the right to assert in the foreclosure preceding the non-existence of a default or any other-aef!3l)se~ fQ!QCl!teration and foreclosure. If the default is not cured on or before the date specified in the notice, lender, .a(~c,mlOri: may requirilimiQ,~~'P.ayment in full of all sums secured by this Security Instrument without further demand and may fOl'ilc:lo'te'.tt1is Security Instrument b)iudicial.proceeding_ Lender shall be entided to oollect all expenses incurred in pursuing the remedies prov1'aeti in this paragraph 21, inctudinQ-,but rlotlimited to, reasonable attorney's fees and costs of the title evidence. I / ~____I\ \ \ 22, Release, Upon payment of 4" su~s sd&re&-br thi~eCUritY In~trument, l,ender shall release this Security Instrument, Vllilhout charge, to Borrower. Borrower shall pay ~ny r~~.~ ~,b "17\ \ 23. Attorneys' Fees. As used In thispej!urity: lilstrunlen\aha'~. Note. alltl'rneys' f~. . shall include any attorneys' fees awarded by an appellate oourt. I III ( I ) } I ~ ~ '( i ! 24. Riders to this Security In!;tMri,~l\J.Lo(l~rfn9Tep~rs._re ex~tel! byif:l6mlwer and recorded together with this Security Instrument, the oovenants and agreemen\S;Pi~Clrsttch ridllrsfjilll tlil1rreQ.rporafel!1mo <If1(tsl)3l1 amend and supplement the covenants and agreements of this Security Instrument a~.If...~\rider(S) were a part of thiS~:;CUri~ Ins,I~TT)l;nt. (Check. Applicable Box) 11 \'./ \ 11 ..,Jl,.> i /:"'\ / 11 LJ Adjustable Rate Rider \ r:;:" LJ Rate ImprOV&~~~-R;!iey LJ Condominium Rider 11 \.. '. 11 /. \...', 11 LJ Graduated Payment Rider '-. ('\","-. LJ 1-4 Family liidill'\ .I LJ Second Home Rider '--"I" ."'-. --- 'o' / "'-. " -,'r;':"T---- ..~\)/ 11 ,,---:!.y r:BiV.ie6kVJ"a~rnent Rider LJ Planned Unit Development Rider ........~......... 11 LJ Balloon Rider 11 LJ other( s) (specify SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. :::=d'~"_.~~ ~OOd~ WrlnessPnntName:__ _ _ Witness Signature: ~ Witness Print Name: Z, !A",). ~ ;;.,,~ ""''''''" iJ llrl'f!.i<t, (. ~!ut- Borrower VICTORIA LOWERY Signature: Borrower STATE OF _Florida_ COUNTY OF _Collier_ Address: 3600 14:n St N Naples, n 34103 I hereby certify that on this day, before me, an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgements. personally appeared VICTORIA LOWERY to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that HE! SHE! THEY executed the same for the purpose therein expressed. WITNESS my hand and official seal in the County and State aforesaid this December;{OO6. ~ff~ Notary's Printed Name My Commission Expires: (SEAL) weK:lY A. KI.OPF MY COMMISSION' 00 309746 EXPIRES: Ap1i112, 2008 .,' _TlYIJ-'Y.....- 3 ~_q 'ed.wp The Lit Law Group, P .A. IOTA iitle Insurance Trust Account 2364 Boy Scout Road Clearw8ter. FL 33763 727.388.B332 JP Morgan Chase Bank, N.A. Tampa. FL ,A,oenda Item l\io. i G05 ~ January" 1,2011'21183 Page :),) of 36 63-8413/2670 :., T" IE C\RDER OF '''Nineteen Thousand Three Hundred Forty-Two and 00/1 DO'" $ ~. c. Collier County 11/23/2010 DOLLARS "'19.342.00 s g Collier County 3301 E Tamiami Trail Bid H, Suite 211 u " <n ffi MEMO Settlement Charges - 10532 34112 ~.,.._-.... 'f' //'.'- J /"7. jk!- ,/11-4 . " 'VVl ,.r v<--- r .... '.. .,l . AUTHORiZED-SIGt,ATURE- a [; 2 :1 m[; ... ;)~I M' III .. 2 ~ .. a ;) III I: 2 [; 70 a... ~ :1 .1: / The Lit Law Group, P .A. 121183 Date Payee 11/23/2010 Collier County Buyer: Richard A Martin and Victoria C Martin Seller: Amount $19,342.00 Closing File 10532 payoff Collier County - $14,702.00 payoff - $4.640.00 OoubleTime@ The Lit Law Group, P .P.. 121183 Date Payee 11/23:2010 Collier County Buyer: Richard A Martin and Victoria C Martin Seller: Amount $19.342.00 Closing File 10532 payoff Collier County - $14.702.00 payoff - $4.64000 S209 DoubleTime@ www.checkstortess.com 600-245-5775 Ord..., UlO94Cl-1